Melon Farmer's Claim

[Melon Farmer]

Good Morning!

 

I'll have to post this lot in a few short bursts as I'm at work at present.

 

I applied to the Data Protection Unit in Nothampton for the repeat statements in mid December and finally sent off the claim for the return of the charges (£764) on Wednesday 24th January (issuing the standard 14 days notice).

 

I received a standard letter yesterday stating that the the bank was operating in a transparent manner and that they were as a result refusing to pay out on my claim.

 

I have been reading up on this site for a couple of months now and the success stories some people have documented were the inspiration for me to make my own claim.

 

I have seen from a lot of the other threads in this section of the forum that my next course of action should be to send an LBA, an N1 or an MPOC, but I am unsure as to which I should send or what exactly these terms refer to.

 

Can anyone help? I've done a lot of reading (in this forum) and found a lot of the information to be very informative, but I am lost at this point and don't want the bank to get the better of me.

 

Any help would be greatly appreciated.

 

 

Regards,

 

 

MF.

[Michael Browne]

LBA first, then N1 or MCOL 14 days later

Letter before action - Consumer version - asking for it back

3. Letter before action - Consumer version - asking for it back

[Melon Farmer]

Right then, I've just written the LBA to be sent to Swindon today.

 

Letter Before Action

 

ACCOUNT NUMBER: ******** REF: *****/**

I am very disappointed that you have failed to respond to my letter of the 24th January 2007.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £764.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 24th January 2007.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs without further notice.

 

Yours Sincerely,

 

 

Mr. M. Farmer

 

Any comments or advice anyone can offer on this would be greatly appreciated.

[mahharg]

I am very disappointed that you have failed to respond satisfactorily to my letter of the 24th January 2007.

 

otherwise looks ok to me.

 

This should hopefully help.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

 

I take it you are not claiming contractual interest which they took from you. If you were you should include details in your letter to the bank. If you are just claiming the statutory 8% you would not include it until the court claim stage but be sure to submit details of charges in your LBA to bank without 8% interest included. I personally am not claimng the contractual interest for my own reason but you are strongly advised to look at the option because you may be surprised before you make your own choice.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

[Melon Farmer]

Bump!

 

I'ts been over 14 days since I sent the LBA now. I want to move on to the next stage.

 

I believe I should now do an MCOL?

 

Are there any examples on the site of successful MCOL's I can refer to?

[Melon Farmer]

Also, I'm claiming for £764 + £130-odd contractual interest. I still have an overdraft of £1600. If they close my account, what can I do about paying that off? I can't afford to pay it at the moment...

[Melon Farmer]

Bump again...

 

My timing is slipping here and I need to get on with it.

 

Any help would be greatly appreciated.

[mahharg]

Hi MF (all below is my honest opinion (IMHO) hope it helps

 

Are there any examples on the site of successful MCOL's I can refer to?

Not that I know of but there are Nationwide Success claims here

http://www.consumeractiongroup.co.uk/forum/nationwide-successes/

 

 

If they close my account, what can I do about paying that off? I can't afford to pay it at the moment...

 

like any finacial company that you owe money to you can't pay what you don't have. If after paying your essential outgoings ie rent/mortgage, elec/gas council tax fares to/from work food clothing(not exhaustive) Then what you have left is what you can afford to pay them. Check this site CCCS - . Try and reach an agreement with the bank if you can first. This may affect your credit rating though. Never Never agree to pay what you can't afford your essential outgoings will always come first they know this and they must be reasonable.

Also, I'm claiming for £764 + £130-odd contractual interest.

If you haven't included your contractual interest amount in your prelim and LBA letters you may be better off claiming the statutory 8%.

[Melon Farmer]

Firstly @ mahharg: Thanks for the help in that post. That's been the single most useful piece of information I have received since signing up and reading on here.

 

 

OK, I have just done my MCOL and the total with court costs and interest now comes to £976.46. I've prepared the letter to send to the court from the template supplied by this site - cheers again! - which I am now going to post to the address in Northampton.

 

Have I now got to make contact the Nationwide directly to inform them?

[Melon Farmer]

BUMP!

 

I think I'm doing the right thing here. I've sent the details of the claim to the MCOL address.

 

Do I need to contact the Nationwide again with the revised claim details (including the interest)?

[Michael Browne]

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,